@OCCOM BILL,
Hey Bill
hmmmm.... see, in my little world "beyond on a reasonable doubt" would mean that 10/10 12/12 6/6 100% ... anything less than that
is reasonable doubt, don't you think?
I do understand due process and the science of forensics (really, I do!) - in as much as that "fingerprint" (not a literal fingerprint), but the whole caboodle scientifically, is there to "prove" guilt beyond a reasonable doubt - I am sure that it is possible to plant evidence. Make the evidence fit.
Of course, and please believe me, I do believe in a justice system - in fact I would enjoy working within those parameters - I am glad that those who commit crimes are put behind bars. I am also glad that I have never had to make a judgement call in this sense, where someone's life is taken away - albeit the victim or the accused. I suppose I am too wishywashy.
Don't get me wrong tho Bill, tho I cannot comprehend why people commit these crimes, I do understand this is the way of the world. In the country you live in.... and I live in - the burden of guilt / innocence and the due process is different to Italy. I would hate to be the person caught up in this mess. I would also hate to be Meredith's parents not knowing who had brutally killed their daughter - and, to add insult, a guilty person be left unpunished because technicalities get them off. I don't believe the Kerchers would wish an innocent person jailed either.
No, due process was obviously not observed and an innocent person may be imprisoned. As I said earlier, I don't think the US will allow that to happen.
I believe, from what I read (which could be wrong admiteddly), that a judge has 90 days to provide an explanation of the jury's reasoning behind the verdict. I hope this will be a lot more telling of the facts.
In my cynical approach here I would also say as regards to the burden of proof / guilt... seemingly the WMD that were proved to have been in Iraq hence making 'our' case for war, in the light of day, our Primeminister admits that an argument had to made, and WMD was the one they used. Did they find them??????? 1000's of innocent lives - I believe he said something like - for the better of the world. Hmmmmmm Apologies - derailing again - my point is that "beyond reasonable doubt" is terribly difficult to prove and even when it is proven, it can be disproven.
We seem to pick and choose our fights. I do hope that Amanda's parents will continue to fight for their child and I hope that US can bring pressure to bear regarding the due process. I don't know if they can, but the US has some mighty strength.
Oralloy is seemingly unwilling to listen to any other opinions. I can't argue the case because I don't have enough facts and as you say, the media may well have / has distorted information.
However, in answer to your question
Quote:If 3 of 8 jurors were to insist that the State failed to make it's case; do you think the other 5 jurors opinion to the contrary would equate to a finding of guilt, beyond a reasonable doubt?
I would say there is reasonable doubt.
as I said - for me, reasonable doubt would be anything less than 8/8.
That is their practice. Italy's laws. Their process. Their system.